HomeMy WebLinkAbout52502D - Williams ;AMA / L DREDGE & FILL
ENERAL PERMIT Previous permit#
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ed by the State of North Carolina,Department of Environment and Natural Resources (,,� >: ‘,-, .�
astal Resources Commission in an area of environmental concern pursuant to I 5A NCAC / t 1 ' ,des attached
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09 08:11p Michael Nelson 9103282810 p.3
• Michael and Joyce Nelson
P.O. Box 3707, 1712 Carolina Blvd.
Topsail Beach,NC 28445
910 328-2810 910 547-8312(Cell)
CaptainMichael®TospailLiving.com
February 3. 2009
Mr.Jon Giles
CAMA Officer
Division of Coastal Management, NCDENR
127 Cardinal Drive
Wilmington,NC 28450
Re: Adjacent Riparian Property Owner Statement
Out Island on Trout Avenue
Topsail Beach,NC
Dear Mr. Giles
I have reviewed the Boundary Survey&CAMA Plan presented by OUT ISLAND for
proposed development of bulkhead,pier, dockage and multiple boat lifts on the south
side of Trout Avenue and wish to file the following objections to the plan:
1. Limitation on T-Heads and Finger Piers....According to the survey provided the lot
owned by Out Island consists of only 359 sq.ft. of property exposed above normal high
water. Furthermore the survey shows only approximately 48 linear feet of water line.
The plan shows T-heads and finger piers at the end of the walkway totaling 250 sq.ft.
The CAMA Handbookfor Development in Coastal NC,Appendix A states that such T-
heads and finger piers shall be limited to 4 square feet per linear foot of waterline. The
CAMA limit would therefore be 192 sq.ft.
2. Proposed Covered Boat Lifts....The plan calls for two covered boat lifts. CAMA
Handbook,Appendix A states that covered boathouses are not allowed on lots with less
than 74 linear feet of shoreline.
3. Total area of Boat lifts....The plan calls for two covered boat lifts encompassing a total
of 600 sq. ft. CAM4 Handbook, Appendix A states that boat lifts cannot be bigger than
400 sq.ft.
4. Inadequate landward parking areas.... The survey states that the total land area of the
property consists of 359 so.ft.or.008 acres. I)ceahle 1anr1 atra
09 08:11p Michael Nelson 9103282810 p.4
Mr. Jon Giles
CAMA Officer
Page 2
February 2.2009
The Town of Topsail Beach plan calls for a designated"NO PARKING" area
across the western end of Trout Avenue. The Out Island plan clearly shows that even
with the proposed bulkhead there is not room for even one,yet alone two vehicles to park
on the site without projecting into the Town's No Parking area Additionally,the
proposed Out Island plan makes no provisions on site for a trash receptacle,water supply
or electrical supply!meters required to support the proposed boat lifts and marine
recreational activities.
5.Violation of Town of Topsail Beach Ordinances.... The Town of Topsail Beach
ordinances state in section 4-89 that the renting or leasing of piers,docks or docking
spaces in residentially zoned area is prohibited. Therefore,the proposed development
for purposes other than the owner's personal use would be a violation of Town
Ordinances.
Please be advised that I do not object to and, in fact,wholeheartly support the Town of
Topsail Beach's proposal for improving the CAMA public access at the end of Trout
Avenue. In the eight years we have owned our adjacent property we have seen
numerous injuries and many close calls to people utilizing this dangerous location which
bears signage designating it as a Town of Topsail Beach,CAMA Public water access.
The Town's usage of CAMA grant monies for this much needed improvement will
significantly increase traffic in the area. Out Island's proposal for the planned
development emanating from only 359 sq.ft. of landward space is contrary to the
improvement the Town of Topsail Beach and the Division of Coastal Management Grant
monies seek to achieve.
Sincerely,
ichael L.Nelson Joyce G.Nelson
Cc: Mr. Steve Foster, Town Manager
Town of Topsail Beach
Honorable Howard Braxton,Mayor
Town of Topsail Beach
09 08:11 p Michael Nelson 91032828'C p.5
Handbook for Development -Appendix A rage i c
i I• About LJCM I Contact DCM I CAW Counties I Search DCL DENR Home I ncgov.com I
+Ili Qllna Department of En ' •c u -i and Natural�Resourc:
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\ Handbook for Development in Coastal North Carolina :: Appendix A
)endix A: Pier Requirements
Building Piers Authorized by General Permit
I!A general permit is an expedited form of major permit. General permits are issued for
l I several types of projects that cause little environmental damage. Coastal Management
j staff can issue general permits in the field, often on the same day as a site visit. The
j general permit fee for piers is$200.
• Pier is for residential use only.
• Pier cannot provide docking space
How do I gealify for a general permit? for more than two boats.
• Want to dock more boats?Apply for
I I
a major permit.
• Up to 400 feet, provided pier mee:s
certain conditions. (For pier to be
longer than 200 feet,the acditional
length must give access to deeper
How long can my pier be? water at a rate of at least one foot of
water depth per 100 feet of pier.)
• Cannot extend more than 114 the
width of the water body.
• Could extend more than 114 width cf
water body, if piers within 200 feet of
your property are longer, but can't be
longer than established pier-head
Are there exceptions? line and cannot extend more than 1/2
width of water body.
• Want a longer pier?Apply for a major
permit.
How wide can the pier be? • Six feet maximum. I
• For lots with shorelines at least "00
feet long, combined area cannot be
09 08:11p Michael Nelson 9103282810 p.6
•
•
Handbook for Development - Appendix A Page 2
• Boathouses cannot be bigger than
400 square feet.
• Boathouses not allowed on lots with
less than 74 linear feet of shoreline.
What about boathouses and decks? • Sides can cover only the top half of
the boathouse. Boathouses, decks
and platforms must be single-story.
• May roof boathouses, decks and
platforms, but no second-story use
i I allowed.
What about boat lifts? ••Areas enclosed by boat lifts.cannot
I I be bigger than 400 square feet. I
• 15 feet from adjacent property
'I How close can I build to my neighbor's owner's riparian corridor, unless
property?
waiver obtained from adjacent
property owners.
Building Piers Authorized by Major Permit
• If pier will oe longer than 400 feet.
When do I have to apply for major perrit?
• If pier would provide docking space
for more than two boats.
No set limit, but
• For pier to be longer than 400 feet,
the additional length must give
access to deeper water at a rate of at
least one foot of water depth per 100
feet of pier;
How long can my pier be?
• Cannot extend beyond established
pier length on same shoreline;
• Cannot extend into chancel;
• Cannot extend more than 1/4 width
of the water body.
09 08:10p Michael Nelson 9103282810 p.1
Michael and Joyce Nelson
1712 Carolina Blvd
P.O. Box 3707
Topsail Beach, NC 28445
Home (910) 32B-22810
Mobile (910) 547-8312
CaptainMichael(Q?topsail-Livinq.con
)ate: February 3. 2009
ra: Jon Giles
',ompany: Division of Coastal Management-Wilmington District
'ax#: 910 395-3964
:rom: Michael Nelson
te: Adjacent Property Owner Statement- Trout Ave. Topsail Beach
'otal#of Pages (including cover): 6
'esterday we received, via certified mail, proposedplans for the development on 359 sq. ft. of property
)cated adjacent to our home at the corner of Trout Avenue and Carolina Blvd. in Topsail Beach.
,ttached is a copy of our objection to the proposal and supporting documentation.
and copy of this objection is being mailed to you tomorrow.
Je appreciate your consideration of this objection and would welcome the opportunity to meet with
)u on site to discuss it
espectfully submitted
09 08:10p Michael Nelson 9103282810 p.2
CHARLES F. RIGGS &ASSOCIATES, INC.
502 NEW BRIDGE STREET
P.Q. BOX 1570
JACKSONVILLE,NORTH CAROLINA 28541
TELEPHONE: (910) 455-0877
FACSIMILE: (910) 455-9033
E-MAIL: rim;stand bizec.rr.corn
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Out Island on Trout Avenue,
Topsail Beach, Topsail Township, Pender County,North Carolina.
Out Island plans to construct a bulkhead, 5' wood walk and two covered boat lifts
adjacent to the canal and Banks Channel. All other proposed activity within Trout
Avenue is proposed by the Town of Topsail Beach and is not part of this submittal. This
proposed activity was shown only for illustration.
Please check the appropriate space for your response.
( ) I have objections to this proposal.
( ) I have no objections to this proposal.
Please return this form with your response. If you have objections,please state them in
the space below and return this form in the addressed, stamped envelope provided to
Mr. Jon Giles, CAMA Officer, Division of Coastal Management,
NCDENR, 127 Cardinal Drive Wilmin ton, o Carolina 28405.
*A 9
ignature , Date
•
/ , •
' BANKS CHANNEL .
Mr. STEVE FOSTER PM/GM.�f/'/
' . 'J
1 TOWN OF TOPSAIL BEACH f j'
! ti A169. TOWN MANAGER , BOAT 1 /A
! 5° • 6'p h 820 5. A,VDERSON BLVD I urr ; � /,
!4- �� / a_Sy?9' ''� TOPSAIL BEACH, NC 23445 ----� •,/
f S ` jrt
s �i °/° "�01"" PROPOSED PLAN AS PROVIDED
f, h �?��� HEIR IN PVC PIPE SY THE TOWN OF TOPSAIL BEACH '
20.
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0 LOT 6
f -8 FOURTH SUBDIVISION OF
LOT 2 r�1 I _ NEW TOPSAIL BEACH
FIFTH SUBDIVISION (1F EIP M.B. 9, P. 52
NEW TOPSAIL BEACH *.,
M.B. t0, P. 25 MICHAEL L. NELSON
1s P.O. BOX .3707
A in ��/ 767005) 1AM A. TESH 0EB0E ROAD uP„ I SURF CITY, NC 28445
0;1 r[4yt4 SUMMERFIELD, NC 273$8
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William A. Tesh
Laurie H. Tesh
7670 Deboe Road
Summerfield, NC 27358
February 9,2009
Mr. Jon Giles, CAMA Officer 2 CG C E I V E D
Division of Coastal Management,NCDENR
127 Cardinal Drive FEB 1 8 2009
Wilmington,NC 28450
Re: Adjacent Riparian Property Owner Statement D C M W I L M I N GT O N s NC
Out Island on Trout Avenue,Topsail Beach,NC
Dear Mr. Giles,
I have received and reviewed the proposed Survey and CAMA Plan and have
reservations with the plan as submitted. I also received the response from Michael and
Joyce Nelson and concur with their comments and observations as made in their letter to
you,dated February 3,2009,which I have enclosed. I would like to voice the additional
comments and concerns as follows:
• Parking limitations to support the docks as proposed.
• Survey
o Total size of the lot as represented in the survey instrumented by
Charles Riggs and Associates, dated January 29, 2009, Sheets 1
and 2; I believe to be inaccurate. Please observe the"Normal High
Water Line"as shown in Exhibits 1 and 2.
o The as shown topography at the northwest corner of my bulkhead
is incorrect as no land is present even at normal low tide.
• No provisions for electrical or water supply is indicated and would be needed
for normal marine operations.
Page 2
approved in 2004 which we paid for. The Town of Topsail Beach has also placed sand at
the northwest corner of the bulkhead as part of the road repairs and maintenance as
needed which raised the normal height of the sand at the northwest corner of the
bulkhead.
We are also in agreement with the Nelson's and are completely in favor of the renovation
as proposed by the Town of Topsail Beach for improving the CAMA Public Access at
the end of Trout Avenue. The proposal made by the Town of Topsail Beach is
completely different from the proposed plan submitted by Out Island. The renovation that
is proposed by the town in this location is much needed as I have seen many injuries over
the years. I have also had to maintain animal and pest control as a result of the piles of
debris which are present in this area. We support any improvement to be made at the
end of Trout Avenue by the Town of Topsail Beach. However,we strongly oppose the
proposal made by Out Island.
Thank you for your time and consideration. If you have any questions please feel free to
contact me at my office 336-272-4400 or on my cell phone 336-382-3542. I look
forward to discussing these proposals with you soon.
Sincerely,
-"--j-11/is-7
William A. Tesh
Laurie H. Tesh
Enclosures
Cc: Mr. Steve Foster, Town Manager
Town of Topsail Beach
The Honorable Howard Braxton,Mayor
Town of Topsail Beach
Mr. and Mrs. Michael Nelson
P. O. Box 3707
Topsail Beach,NC 28445
•
CHARLES F. RIGGS &ASSOCIATES, INC.
502 NEW BRIDGE STREET
P.O. BOX 1570
JACKSONVILLE,NORTH CAROLINA 28541
TELEPHONE: (910) 455-0877
FACSIMILE: (910) 455-9033
E-MAIL: riggsland@bizec.rr.com
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Out Island on Trout Avenue,
Topsail Beach, Topsail Township. render County, North Carolina.
Out Island plans to construct a bulkhead, 5' wood walk and two covered boat lifts
adjacent to the canal and Banks Channel. All other proposed activity within Trout
Avenue is proposed by the Town of Topsail Beach and is not part of this submittal. This
proposed activity was shown only for illustration.
Please check the appropriate space for your response.
( )( ) I have objections to this proposal.
( ) I have no objections to this proposal.
Please return this form with your response. If you have objections, please state them in
the space below and return this form in the addressed, stamped envelope provided to
M G M,, f l Mar.
..,r. Jor. mile , CA..... ; � f cer, Divfsicn o Coasta. ,�..aae",ent,
NCDENR, 127 Cardinal Drive, Wilmington,North Carolina 28405.
gc7/07
Signature at
)://,.4..4 4 C -
09 09:26p Michael Nelson 9103282810 p.3
Michael and Joyce Nelson
P.O.Box 3707, 1712 Carolina Blvd.
Topsail Beach,NC 28445
910 328-2810 910 547-8312 (Cell)
CaptainMichae1 TospailLiving.com
February 3, 2009
Mr. Jon Giles
CAMA Officer
Division of Coastal Management,NCDENR
127 Cardinal Drive
Wilmington,NC 28450
Re: Adjacent Riparian Property Owner Statement
Out Island on Trout Avenue
Topsail Beach,NC
Dear Mr. Giles
I have reviewed the Boundary Survey&CAMA Plan presented by OUT ISLAND for
proposed development of bulkhead,pier,dockage and multiple boat lifts on the south
side of Trout Avenue and wish to file the following objections to the plan:
1. Limitation on T-Heads and Finger Piers.... According to the survey provided the lot
owned by Out Island consists of only 359 sq.ft. of property exposed above normal high
water. Furthermore the survey shows only approximately 48 linear feet of water line.
The plan shows T-heads and finger piers at the end of the walkway totaling 250 sq.ft.
The CAM4 Handbook for Development in Coastal NC,Appendix A states that such T-
heads and finger piers shall be limited to 4 square feet per linear foot of waterline. The
CAMA limit would therefore be 192 sq.ft.
2. Proposed Covered Boat Lifts....The plan calls for two covered boat lifts. CAM4
Handbook,Appendix A states that covered boathouses are not allowed on lots with less
than 74 linear feet of shoreline.
3. Total area.of Boat lifts....The plan calls for two covered boat lifts encompassing a total
of 600 sq. ft. CAM4 Handbook, Appendix A states that boat lifts cannot be bigger than
400 sq.ft.
4 Tnadenuate landward narking areas.... The survey states that the total land area of the
09 09:26p Michael Nelson 9103282810 p.4
Mr. Jon Giles
CAMA Officer
Page 2
February 2, 2009
The Town of Topsail Beach plan calls for a designated"NO PARKING" area
across the western end of Trout Avenue. The Out Island plan clearly shows that even
with the proposed bulkhead there is not room for even one,yet alone two vehicles to park
on the site without projecting into the Town's No Parking area. Additionally,the
proposed Out Island plan makes no provisions on site for a trash receptacle,water supply
or electrical supply 1 meters required to support the proposed boat lifts and marine
recreational activities.
5. Violation of Town of Topsail Beach Ordinances.... The Town of Topsail Beach
ordinances state in section 4-89 that the renting or leasing of piers,docks or docking
spaces in residentially zoned area is prohibited. Therefore, the proposed development
for purposes other than the owner's personal use would be a violation of Town
Ordinances.
Please be advised that I do not object to and, in fact,wholeheartly support the Town of
Topsail Beach's proposal for improving the CAMA public access at the end of Trout
Avenue. In the eight years we have owned our adjacent property we have seen
numerous injuries and many close calls to people utilizing this dangerous location which
bears signage designating it as a Town of Topsail Beach, CAMA Public water access.
The Town's usage of CAMA grant monies for this much needed improvement will
significantly increase traffic in the area. Out Island's proposal for the planned
development emanating from only 359 sq.ft. of landward space is contrary to the
improvement the Town of Topsail Beach and the Division of Coastal Management Grant
monies seek to achieve.
Sincerely,
V
Michael L. 'elson Jo G. Nelson
Cc: Mr. Steve Foster, Town Manager
Town of Topsail Beach
Honorable Howard Braxton,Mayor
Town of Topsail Beach
•
spril
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
terly Eaves Perdue James H. Gregson Dee Fret
iernor Director Sect
May 1, 2009
William Tesh
Deboe Road
merfield,NC 27358
Mr. Tesh:
letter is in response to your letter dated February 9, 2009, regarding your concerns about the proposal b
Island to install a bulkhead and dock with two boatlifts located in the canal adjacent to Trout Ave., at 1:
it Ave., in Topsail Beach, Pender County. The proposed project has been determined to comply with th,
s of the Coastal Resources Commission(7H. 1100 & 1200), and as such, a permit has been issued to
prize the development. I have enclosed a copy of the permit, as well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Hear
request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The
ing request must be filed with the Director, Division of Coastal Management, in writing and must be
ved within twenty (20) days after the disputed permit decision is made. I have enclosed the applicable
s and instructions that must be filed prior to that deadline. Please contact me at (910) 796-7215, if you Y
luestions, or if I can provide any additional information.
) ely ,teve H. Everhart, PhD
District Manager
M. Ted Tyndall, Assistant Director
Jon Giles, Field Representative
e
i AltA
U NCDENR
Ncrth Carolina Department of Environment and Natural Resources
Division of Coastal Management
veriy Eaves Perdue James H. Gregson
vernor Director Dee Sci eci
May 1, 2009
Michael Nelson
Box 3707
pail Beach,NC 28445
•
•Mr. Nelson:
letter is in response to your letter dated February 3,2009, regarding your concerns about the proposal b
[sland to install a bulkhead and dock with two boatlifts located in the canal adjacent to Trout Ave., at 12
t Ave., in Topsail Beach, Pender County. The proposed project has been determined to comply with thf
s of the Coastal Resources Commission(7H. 1100 & 1200), and as such, a permit has been issued to
)rize the development. I have enclosed a copy of the permit, as well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Heari
•equest for a hearing will be considered by the Chairman of the Coastal Resources.Commission. The
ng request must be filed with the Director,Division of Coastal Management, in writing and must be
ved within twenty(20) days after the disputed permit decision is made. I have enclosed the applicable
3 and instructions that must be filed prior to that deadline. Please contact me at(910) 796-7215, if you h
.uestions, or if I can provide any additional information.
I.incerely`/%
Ili fi
Steven H. Everhart,PhD
District Manager
M. Ted Tyndall, Assistant Director
Jon Giles, Field Representative
OUT ISLAND, LLC 05-06 2139
910-328-1396
P.O. BOX 2520
SURF CITY, NC 28445 „9/1,,,./3o 2U G P 66-19/5300NC
Date
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signat e
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) 41C. D.te of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. L L I 3 6
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MR. STEVE FOSTER,
TOWN MANAGER
TOWN OF TOPSAIL BEACH
820 SOUTH ANDERSON BLVD.
TOPSAIL BEACH, N. C. 28445 3. Service Type
NI Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number Q �J
(Transfer from service label) 7D jr.O /71 p?a 47 d U e I` 23
PS Form 3811,February 2004 Domestic Return Receipt C f• O g• -t 102595-02-M-1540
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2, and 3.Also complete A. Sit re , (� �
item 4 if Restricted Delivery is desired. X /� ( ( . , A9ent
• Print your name and address on the reverse v� J 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MR. WILLIAM A. TESH
7670 DEBOE ROAD
SUMMERFIELD, N. C. 27358
3. Service Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. ArticleNumber d c.5 1 8 a O G O C' 6 2?3 ? ? 3 y
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt o 102595-02-M-1540
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
-2n_/) �� 0 Agent
item 4 if Restricted Delivery is desired. X 46 ((1J/ c 0 Addressee
• Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive
■ Attach this card to the back of the mailpiece, c) .AS6 n /'_3(1
or on the front if space permits.
D. Is d-livery address different from item 1? ❑Yes
a u vac . tar rialivary address below: ❑ No